Banco Ambrosiano v. Artoc Bank & Trust

In Banco Ambrosiano v. Artoc Bank & Trust (62 NY2d 65, 464 NE2d 432, 476 NYS2d 64 [1984], which involved a loan between foreign banks, the Court of Appeals stated that "the dictates of due process are not offended by requiring defendant to defend this claim in New York, as it has maintained a significant connection with the State and undertaken purposeful activity here." (Id. at 73 .) Banco involved a defendant who "maintained a significant connection to the State" and had "undertaken purposeful activity" in New York, including using the New York account at issue regularly to accomplish its international banking business, issuing memoranda directing plaintiff to deposit sums it had been loaned to defendant's New York account, and which required repayment to be made to plaintiff's account with its New York correspondent bank. (Id.) "With respect to performance of the agreement which forms the basis for plaintiff's claim, defendant not only directed that the funds be deposited in its New York account, but it also agreed to repay these amounts . . . to plaintiff's New York account." (Id.) Thus, the subject account was the very account through which defendant effectuated the transaction at issue, and was sufficient to provide quasi-in-rem jurisdiction in the action. Moreover, the account at issue was with defendant's "New York correspondent bank." Id. at 69.)